Employee Case Study

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Luxen (2013) claims that the work time of the employee should be reviewed in case he/she is qualified for receiving money for unused vacation time. If the terminated employee is qualified then the employer must have either a written policy or a method of payment for unused sick/vacation time. After termination occurs it is a law that the employer pays the final pay within a certain amount of days, usually one business week. If the employee has been terminated on charges for misconduct they will not be entitled to benefits such as Consolidated Omnibus Budget Reconciliation Act (COBRA) health insurance. According to Tae Wan (2014), severance payment is given by the employer for certain kinds of wages and expenses that are owed to the employee.…show more content…
During the termination process, there should be proper investigations that take place within the workplace. If an employer fails to investigate the employees’ case of termination then the liability will fall on the employer. There should be documentations that state how the process of termination will be constructed. In the documentations there are policies and records of how to file for appropriate grounds of termination. The records will also state whether the employee is entitled to any compensation or benefits. Stomierowski (2009) claims that the employer must specify the terms of compensation and benefits the employee will be…show more content…
When an employer is taken to court because of a termination there must be papers that provide legitimate reasons for the employees’ termination. If the termination of the employee was at will, there still has to be sufficient supporting documents that show probable cause for termination. If the employer fails to provide supporting documents of the termination then he/she is at risk for discrimination. The documents can be any of the following: time sheets, disciplinary reports, dissatisfaction report, policy violations, or e-mails. A big risk for the employer in a termination court case is if the case is turned over to the jury for them to decide the outcome. In most states the jury will favor the employees’ side rather than the employer. This can be solved by having both parties agree to a statement saying there will be no trial by jury. By not having a trial by jury it ensures both parties that the ruling will be declared by the judge. The downfall of this for an employer is that the litigation charges still remain. If both parties agree they do not want to take the case to court than they will agree on mediation. Mediation allows both parties to work the case out without a formal proceeding. This can be beneficial to both

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